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This is a Bill, not an Act. For current law, see the Acts databases.
Racing Legislation Amendment
Bill 2009
No , 2009
A Bill for
An Act to repeal the Greyhound and Harness Racing Administration Act 2004, the
Greyhound Racing Act 2002 and the Harness Racing Act 2002; to amend other Acts
and instruments consequentially; and for other purposes.
Clause 1 Racing Legislation Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Racing Legislation Amendment Act 2009. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
3 Repeal of Acts 6
(1) The Greyhound and Harness Racing Administration Act 2004 is 7
repealed. 8
(2) The Greyhound Racing Act 2002 is repealed. 9
(3) The Harness Racing Act 2002 is repealed. 10
Page 2
Racing Legislation Amendment Bill 2009
Amendment of Racing Appeals Tribunal Act 1983 No 199 Schedule 1
Schedule 1 Amendment of Racing Appeals Tribunal 1
Act 1983 No 199 2
[1] Long title 3
Insert "and appeals from certain decisions under the Greyhound Racing 4
Act 2009 and the Harness Racing Act 2009" after "Thoroughbred Racing 5
Act 1996". 6
[2] Section 4 Definitions 7
Omit the definition of assessor from section 4 (1). 8
[3] Section 4 (1) 9
Insert in alphabetical order: 10
GRNSW means Greyhound Racing New South Wales 11
constituted under the Greyhound Racing Act 2009. 12
HRNSW means Harness Racing New South Wales constituted 13
under the Harness Racing Act 2009. 14
[4] Section 8 Harness Racing Appeals Tribunal may be appointed as 15
Tribunal 16
Omit the section. 17
[5] Section 8A 18
Omit the section. Insert instead: 19
8A Expert advice 20
The Tribunal may seek expert advice in connection with the 21
hearing of an appeal from any person who, in its opinion, has 22
special knowledge of, and experience in, the racing industry. 23
[6] Section 8B Functions of assessors 24
Omit the section. 25
[7] Section 10 Term of office 26
Omit section 10 (b). 27
Page 3
Racing Legislation Amendment Bill 2009
Schedule 1 Amendment of Racing Appeals Tribunal Act 1983 No 199
[8] Section 12 1
Omit the section. Insert instead: 2
12 Remuneration 3
A person (not being a judge of any court) holding office as, or 4
acting as, the Tribunal is entitled to be paid such remuneration 5
(including travelling and subsistence allowances) as the Minister 6
may from time to time determine. 7
[9] Section 13 Vacation of office 8
Omit "or a person holding office as an assessor" from section 13 (2). 9
[10] Section 13 (3) (b) 10
Omit the paragraph. 11
[11] Section 14 Effect of certain other Acts 12
Omit section 14 (1). Insert instead: 13
(1) The Public Sector Employment and Management Act 2002 does 14
not apply to or in respect of the appointment of a person as, or to 15
act as, the Tribunal and a person holding office as, or acting as, 16
the Tribunal is not, as the Tribunal, subject to that Act. 17
[12] Part 3, Division 1, heading 18
Insert before section 15: 19
Division 1 Appeals relating to thoroughbred racing 20
[13] Part 3, Division 2 21
Insert after section 15: 22
Division 2 Appeals relating to greyhound racing or 23
harness racing 24
15A Appeals to Tribunal relating to greyhound racing 25
(1) Any person who is aggrieved by any of the following decisions 26
may, in accordance with the regulations, appeal against the 27
decision to the Tribunal: 28
(a) a decision of a greyhound racing club (within the meaning 29
of the Greyhound Racing Act 2009) or a steward of a 30
greyhound racing club, 31
(b) a decision of a steward of GRNSW. 32
Page 4
Racing Legislation Amendment Bill 2009
Amendment of Racing Appeals Tribunal Act 1983 No 199 Schedule 1
(2) Any of the following persons or bodies that are aggrieved by a 1
decision of GRNSW may, in accordance with the regulations, 2
appeal against the decision to the Tribunal: 3
(a) any person, 4
(b) a greyhound racing club (within the meaning of the 5
Greyhound Racing Act 2009). 6
15B Appeals to Tribunal relating to harness racing 7
(1) Any person who is aggrieved by any of the following decisions 8
may, in accordance with the regulations, appeal against the 9
decision to the Tribunal: 10
(a) a decision of a harness racing club (within the meaning of 11
the Harness Racing Act 2009), 12
(b) a decision of a steward of HRNSW. 13
(2) Any of the following persons or bodies that are aggrieved by a 14
decision of HRNSW may, in accordance with the regulations, 15
appeal against the decision to the Tribunal: 16
(a) any person, 17
(b) a harness racing club (within the meaning of the Harness 18
Racing Act 2009). 19
Division 3 Procedure and regulations relating to 20
appeals 21
[14] Section 17 Determination of appeals relating to thoroughbred racing 22
Insert "under section 15" after "appeal" where firstly occurring in section 23
17 (1). 24
[15] Section 17A 25
Insert after section 17: 26
17A Determination of appeals relating to greyhound racing or harness 27
racing 28
(1) The Tribunal may do any of the following in respect of an appeal 29
under section 15A or 15B: 30
(a) dismiss the appeal, 31
(b) confirm the decision appealed against or vary the decision 32
by substituting any decision that could have been made by 33
the steward, club or GRNSW or HRNSW (as the case 34
requires), 35
Page 5
Racing Legislation Amendment Bill 2009
Schedule 1 Amendment of Racing Appeals Tribunal Act 1983 No 199
(c) make such other order in relation to the disposal of the 1
appeal as the Tribunal thinks fit. 2
(2) The decision of the Tribunal is final and is taken to be a decision 3
of the person or body whose decision is the subject of the appeal. 4
[16] Section 20 5
Omit the section. Insert instead: 6
20 Expenses of Tribunal 7
(1) Unless the Minister otherwise determines, the expenses 8
(including remuneration payable to an expert under section 8A or 9
payable under section 12) incurred by the Tribunal in the exercise 10
of the functions of the Tribunal under this Act are to be met: 11
(a) by Racing NSW in relation to an appeal to the Tribunal 12
under section 15, or 13
(b) by GRNSW in relation to an appeal to the Tribunal under 14
section 15A, or 15
(c) by HRNSW in relation to an appeal to the Tribunal under 16
section 15B. 17
(2) If Racing NSW, GRNSW or HRNSW fails to meet any expenses 18
it is required to meet under subsection (1), the Minister may 19
recover the amount of those expenses from Racing NSW, 20
GRNSW or HRNSW (as the case may be) as a debt in any court 21
of competent jurisdiction. 22
[17] Schedule 1 Savings and transitional provisions 23
Insert before clause 1: 24
Part 1 General 25
[18] Schedule 1, clause 1 26
Insert at the end of clause 1 (1): 27
Racing Legislation Amendment Act 2009 28
[19] Schedule 1, Part 2, heading 29
Insert before clause 2: 30
Part 2 Provisions consequent on enactment of 31
Thoroughbred Racing Board Amendment 32
Act 1998 33
Page 6
Racing Legislation Amendment Bill 2009
Amendment of Racing Appeals Tribunal Act 1983 No 199 Schedule 1
[20] Schedule 1, Part 3, heading 1
Insert before clause 3: 2
Part 3 Provisions consequent on enactment of 3
Thoroughbred Racing Legislation 4
Amendment Act 2004 5
[21] Schedule 1, Part 4 6
Insert after clause 3: 7
Part 4 Provisions consequent on enactment of 8
Racing Legislation Amendment Act 2009 9
4 Definitions 10
In this Part: 11
former Act means the Greyhound and Harness Racing 12
Administration Act 2004. 13
former Authority means the Greyhound and Harness Racing 14
Regulatory Authority constituted by the former Act. 15
former Tribunal means the Greyhound and Harness Racing 16
Appeals Tribunal constituted by the former Act. 17
5 Pending proceedings before former Tribunal 18
(1) If proceedings were commenced but not heard by the former 19
Tribunal before its dissolution, the proceedings are taken to have 20
been duly commenced in the Racing Appeals Tribunal. 21
(2) If the former Tribunal had commenced to hear (but had not 22
determined) a matter before its dissolution, the person or persons 23
hearing the matter: 24
(a) are to continue to hear the matter, and to determine the 25
matter, sitting as the Racing Appeals Tribunal, and 26
(b) have and may exercise, while sitting as the Racing Appeals 27
Tribunal under this clause, all the functions that the former 28
Tribunal had immediately before its dissolution. 29
(3) A reference in section 20: 30
(a) to an appeal to the Tribunal under section 15A includes a 31
reference to proceedings dealt with in accordance with this 32
clause that relate to greyhound racing, and 33
Page 7
Racing Legislation Amendment Bill 2009
Schedule 1 Amendment of Racing Appeals Tribunal Act 1983 No 199
(b) to an appeal to the Tribunal under section 15B includes a 1
reference to proceedings dealt with in accordance with this 2
clause that relate to harness racing. 3
(4) This clause applies despite any contrary provision of this Act. 4
6 Pending proceedings before Greyhound and Harness Racing 5
Regulatory Authority 6
If an appeal was made to the former Authority under section 19 7
of the former Act before the repeal of that section and was not 8
determined by that Authority before its dissolution, the appeal is 9
taken to have been made to the Racing Appeals Tribunal under 10
this Act and is to be determined by that Tribunal in accordance 11
with this Act. 12
7 Regulations relating to greyhound racing and harness racing 13
appeals 14
(1) The provisions of the Greyhound and Harness Racing 15
Administration (Appeals) Regulation 2004 (as in force 16
immediately before the repeal of section 19 of the former Act) are 17
taken to apply to appeals relating to greyhound racing and 18
harness racing dealt with by the Tribunal under this Act until 19
regulations are made under this Act in relation to those appeals. 20
(2) Despite subclause (1), those provisions apply with the following 21
modifications: 22
(a) clause 6 of that Regulation is taken to provide for an appeal 23
to the Tribunal in relation to a decision specified in that 24
clause, 25
(b) a reference to the Tribunal is taken to be a reference to the 26
Racing Appeals Tribunal, 27
(c) a reference to a provision of the former Act is taken to be 28
a reference to the corresponding provision of this Act (if 29
any), 30
(d) such other modifications as the Tribunal considers 31
necessary. 32
(3) This clause extends to proceedings referred to in clause 5. 33
8 Special inquiries under former Act 34
A special inquiry that was commenced under section 24 of the 35
former Act but was not completed before the repeal of that 36
section is not to be continued after that repeal. 37
Page 8
Racing Legislation Amendment Bill 2009
Amendment of Racing Appeals Tribunal Act 1983 No 199 Schedule 1
9 Orders 1
(1) An order made under the former Act by the former Tribunal, 2
being an order having effect immediately before the dissolution 3
of the former Tribunal, is taken to be an order made by the Racing 4
Appeals Tribunal under the corresponding provision of this Act. 5
(2) Any application for an order made to the former Tribunal under 6
the former Act and not determined before the dissolution of the 7
former Tribunal is to continue to be dealt with as if made under 8
this Act (but only if there is a corresponding provision of this Act 9
under which the order could be made). 10
10 General savings 11
If anything done or commenced under the former Act in relation 12
to the former Tribunal before its dissolution and still having 13
effect or not completed immediately before that dissolution is 14
something that could be done or commenced under this Act: 15
(a) the thing done continues to have effect, or 16
(b) the thing commenced may be completed, as if it had been 17
done or commenced under this Act. 18
11 Assessors 19
On the repeal of section 8A by the Racing Legislation 20
Amendment Act 2009, any person who immediately before that 21
repeal held the position of assessor ceases to hold that position. 22
No remuneration or compensation is payable to any such person 23
as a result of the operation of this clause. 24
Page 9
Racing Legislation Amendment Bill 2009
Schedule 2 Amendment of Sporting Venues (Pitch Invasions) Act 2003 No 44
Schedule 2 Amendment of Sporting Venues (Pitch 1
Invasions) Act 2003 No 44 2
[1] Long title 3
Insert "and racecourses" after "playing fields". 4
[2] Section 1 Name of Act 5
Omit "Pitch". 6
[3] Section 3 Interpretation 7
Insert in alphabetical order in section 3 (1): 8
controlling body for a race meeting or trial meeting means: 9
(a) in the case of a race meeting or trial meeting for horse 10
racing, Racing New South Wales constituted under the 11
Thoroughbred Racing Act 1996, or 12
(b) in the case of a race meeting or trial meeting for harness 13
racing, Harness Racing New South Wales constituted 14
under the Harness Racing Act 2009, or 15
(c) in the case of a race meeting or trial meeting for greyhound 16
racing, Greyhound Racing New South Wales constituted 17
under the Greyhound Racing Act 2009. 18
race meeting has the same meaning as in the Racing 19
Administration Act 1998. 20
racecourse means a racecourse licensed under the Racing 21
Administration Act 1998. 22
sporting venue means a designated sporting venue or a 23
racecourse. 24
trial meeting has the same meaning as in the Racing 25
Administration Act 1998. 26
[4] Section 3 (1), definition of "designated sporting venue" 27
Omit "sporting" where firstly occurring. 28
[5] Section 3 (1), definition of "designated sporting venue" 29
Omit "sporting venue" from paragraph (c) of the definition. 30
Insert instead "venue for sporting activities". 31
Page 10
Racing Legislation Amendment Bill 2009
Amendment of Sporting Venues (Pitch Invasions) Act 2003 No 44 Schedule 2
[6] Section 3 (1), definition of "venue director" 1
Omit the definition. Insert instead: 2
venue director means: 3
(a) in the case of a designated sporting venue, the occupier of 4
the venue and includes, in respect of a match at the venue, 5
any person authorised by the occupier of the venue to be 6
the venue director in respect of the match, or 7
(b) in the case of a racecourse, the controlling body for the 8
race meeting or trial meeting taking place at the 9
racecourse. 10
[7] Part 2, heading 11
Omit the heading. Insert instead: 12
Part 2 Invasions at sporting venues 13
[8] Section 4A 14
Insert after section 4: 15
4A Racecourse invasions prohibited 16
(1) A person must not enter or remain in or on a restricted area of a 17
racecourse during a race meeting or trial meeting unless the 18
person: 19
(a) is a rider or harness racing driver participating in the race 20
meeting or trial meeting, or 21
(b) is authorised to do so by the controlling body for the race 22
meeting or trial meeting or an authorised officer, or 23
(c) is engaged in the control or management of the race 24
meeting or trial meeting, or 25
(d) is an authorised officer. 26
Maximum penalty: 50 penalty units. 27
(2) In this section, restricted area of a racecourse means: 28
(a) any racetrack, course proper or other racing surface, 29
parade ring, race day tie-up stall, kennel or swabbing area, 30
including any pathways connecting any of those places, or 31
(b) any other area of a racecourse that is prescribed by the 32
regulations as a restricted area for the purposes of this 33
section. 34
Page 11
Racing Legislation Amendment Bill 2009
Schedule 2 Amendment of Sporting Venues (Pitch Invasions) Act 2003 No 44
[9] Section 5 12-month ban for invasion of sporting venue 1
Omit "designated sporting venue for a contravention of section 4". 2
Insert instead "sporting venue for a contravention of section 4 or 4A". 3
[10] Section 6 Life ban for further invasion or entry of sporting venue when 4
banned 5
Omit "designated" from section 6 (1). 6
[11] Section 6 (1) (a) 7
Insert "or 4A" after "section 4". 8
[12] Section 13 Penalty notice amounts 9
Insert "or 4A" after "section 4" in section 13 (a). 10
Page 12
Racing Legislation Amendment Bill 2009
Amendment of other Acts and Regulations Schedule 3
Schedule 3 Amendment of other Acts and 1
Regulations 2
3.1 Companion Animals Regulation 2008 3
Clause 16 Exemptions from registration requirement 4
Omit "Greyhound and Harness Racing Administration Act 2004". 5
Insert instead "Greyhound Racing Act 2009". 6
3.2 Defamation Act 2005 No 77 7
[1] Schedule 1 Additional publications to which absolute privilege applies 8
Insert at the end of clause 11 (b): 9
, or 10
(c) in the course of proceedings in respect of an investigation 11
conducted by the Integrity Assurance Committee under the 12
Thoroughbred Racing Act 1996 or by that Committee in a 13
report that it makes in respect of such an investigation. 14
[2] Schedule 1, clause 12 15
Omit the clause. Insert instead: 16
12 Matters relating to GRNSW and HRNSW 17
Without limiting section 27 (2) (a)-(c), matter that is published: 18
(a) by Greyhound Racing New South Wales in an official 19
report of its decision in respect of any appeal relating to 20
greyhound racing under the Racing Appeals Tribunal Act 21
1983 or of the reasons for its decision, or 22
(b) by Harness Racing New South Wales in an official report 23
of its decision in respect of any appeal relating to harness 24
racing under the Racing Appeals Tribunal Act 1983 or of 25
the reasons for its decision, or 26
(c) in the course of proceedings in respect of an investigation 27
conducted by the Greyhound Racing Integrity Auditor 28
under the Greyhound Racing Act 2009 or the Harness 29
Racing Integrity Auditor under the Harness Racing Act 30
2009 or by the Integrity Auditor in a report that he or she 31
makes in respect of such an investigation. 32
[3] Schedule 3 Additional proceedings of public concern 33
Omit clause 4. 34
Page 13
Racing Legislation Amendment Bill 2009
Schedule 3 Amendment of other Acts and Regulations
3.3 Fines Act 1996 No 99 1
Schedule 1 Statutory provisions under which penalty notices issued 2
Omit "Sporting Venues (Pitch Invasions) Act 2003". 3
Insert instead "Sporting Venues (Invasions) Act 2003". 4
3.4 First State Superannuation Act 1992 No 100 5
Schedule 1 Employers 6
Omit "Greyhound and Harness Racing Regulatory Authority". 7
3.5 Government and Related Employees Appeal Tribunal Act 8
1980 No 39 9
Schedule 4 Employing authorities 10
Omit "Greyhound and Harness Racing Regulatory Authority.". 11
3.6 New South Wales Retirement Benefits Act 1972 No 70 12
Schedule 2 13
Omit the matter relating to the Greyhound and Harness Racing Regulatory 14
Authority. 15
3.7 Public Authorities Superannuation Act 1985 No 41 16
Schedule 3 Employers 17
Omit "The Greyhound and Harness Racing Regulatory Authority." from 18
Part 2. 19
3.8 Public Finance and Audit Act 1983 No 152 20
Schedule 2 Statutory bodies 21
Omit "Greyhound and Harness Racing Regulatory Authority". 22
3.9 Public Sector Employment and Management Act 2002 No 43 23
Schedule 1 Divisions of the Government Service 24
Omit the matter relating to the Greyhound and Harness Racing Regulatory 25
Authority Division in Part 2. 26
Page 14
Racing Legislation Amendment Bill 2009
Amendment of other Acts and Regulations Schedule 3
3.10 Racing Administration Act 1998 No 114 1
[1] Section 4 Definitions 2
Omit the definition of controlling body from section 4 (1). 3
Insert instead: 4
controlling body means: 5
(a) in relation to horse racing other than harness racing-- 6
Racing New South Wales, and 7
(b) in relation to harness racing--Harness Racing New South 8
Wales, and 9
(c) in relation to greyhound racing--Greyhound Racing New 10
South Wales. 11
[2] Section 4 (2) 12
Omit the subsection. 13
[3] Section 15 Harness racing on showgrounds 14
Omit "the Greyhound and Harness Racing Regulatory Authority" from section 15
15 (1). 16
Insert instead "Harness Racing New South Wales". 17
[4] Section 26C Bookmakers Revision Committee 18
Omit section 26C (1) (c). Insert instead: 19
(c) the chief executive officer of Greyhound Racing New 20
South Wales, 21
[5] Schedule 1 Savings and transitional provisions 22
Insert after Part 6: 23
Part 7 Provisions consequent on enactment of 24
Racing Legislation Amendment Act 2009 25
13 Existing approvals under section 15 26
An approval given for the purposes of section 15 (1) by the 27
Greyhound and Harness Racing Regulatory Authority 28
constituted under the Greyhound and Harness Racing 29
Administration Act 2004 before its dissolution is taken to have 30
been given by Harness Racing New South Wales under that 31
subsection. 32
Page 15
Racing Legislation Amendment Bill 2009
Schedule 3 Amendment of other Acts and Regulations
3.11 Sporting Venues (Pitch Invasions) Regulation 2006 1
[1] Clause 1 Name of Regulation 2
Omit "Pitch". 3
[2] Clause 2 Definition 4
Omit "Pitch". 5
3.12 State Authorities Non-contributory Superannuation Act 6
1987 No 212 7
Schedule 1 Employers 8
Omit "Greyhound and Harness Racing Regulatory Authority" from Part 1. 9
3.13 State Authorities Superannuation Act 1987 No 211 10
Schedule 1 Employers 11
Omit "Greyhound and Harness Racing Regulatory Authority" from Part 1. 12
3.14 Superannuation Act 1916 No 28 13
Schedule 3 List of employers 14
Omit "Greyhound and Harness Racing Regulatory Authority" from Part 1. 15
3.15 Thoroughbred Racing Act 1996 No 37 16
[1] Section 3 Definitions 17
Insert in alphabetical order in section 3 (1): 18
GRNSW means Greyhound Racing New South Wales 19
constituted under the Greyhound Racing Act 2009. 20
HRNSW means Harness Racing New South Wales constituted 21
under the Harness Racing Act 2009. 22
IA Committee means the Integrity Assurance Committee 23
established under this Act. 24
racing official means a member of Racing NSW, the Chief 25
Executive or a steward appointed by Racing NSW or other 26
member of staff of Racing NSW. 27
Page 16
Racing Legislation Amendment Bill 2009
Amendment of other Acts and Regulations Schedule 3
[2] Section 6 Membership 1
Omit section 6 (2) (d). Insert instead: 2
(d) is registered by or with GRNSW under the Greyhound 3
Racing Act 2009 or HRNSW under the Harness Racing 4
Act 2009, or 5
[3] Section 18A 6
Insert after section 18: 7
18A Arrangements for use of staff and facilities of HRNSW or GRNSW 8
(1) Racing NSW may arrange for the use of the services of any staff 9
or facilities of HRNSW or GRNSW. 10
(2) For the purposes of this Act, a person whose services are utilised 11
by Racing NSW under this section is taken to be a member of 12
staff of Racing NSW in the exercise of functions by the person 13
under this Act. 14
(3) Without limiting subsection (1), Racing NSW may arrange for a 15
steward appointed by HRNSW or GRNSW to perform the 16
functions of a steward under this Act. Any such person is taken 17
to have been appointed by Racing NSW as a steward for the 18
purposes of this Act while exercising functions under this Act in 19
accordance with those arrangements. 20
(4) Without limiting subsection (1), Racing NSW may arrange to 21
share with HRNSW or GRNSW any equipment, information 22
technology (such as computer software) or office, or any 23
administrative system relating to licensing or registration. 24
(5) Racing NSW is not authorised to enter into an arrangement under 25
this section in relation to stewards, licensing or registration 26
without the consent of the Minister. 27
(6) The consent of the Minister under subsection (5): 28
(a) may be given in relation to a particular arrangement or a 29
class of arrangements, and 30
(b) may be subject to conditions, and 31
(c) may be amended from time to time. 32
[4] Section 23 Integrity Assurance Committee 33
Insert "or as are conferred on it by this Act" after "confer on it" in section 34
23 (1). 35
Page 17
Racing Legislation Amendment Bill 2009
Schedule 3 Amendment of other Acts and Regulations
[5] Sections 23A and 23B 1
Insert after section 23: 2
23A Inquiries and investigations by Integrity Assurance Committee in 3
relation to complaint 4
(1) A person may make a complaint to the IA Committee in respect 5
of the exercise of functions by a racing official relating to horse 6
racing. 7
(2) On receiving a complaint from a person under this section, the IA 8
Committee must investigate the complaint with due diligence 9
unless the Committee considers that the complaint: 10
(a) is frivolous, vexatious or not made in good faith, or 11
(b) is trivial, or 12
(c) does not relate to the exercise of functions by a racing 13
official in a corrupt, improper or unethical manner. 14
(3) If the IA Committee decides to investigate a complaint, the 15
Committee must inform the racing official concerned of the 16
substance of the complaint and give the racing official a 17
reasonable opportunity to respond to it. 18
(4) The IA Committee may, by notice in writing, require a racing 19
official who is the subject of an investigation under this section 20
to do one or more of the following things: 21
(a) provide, in accordance with directions in the notice, such 22
information verified by statutory declaration as, in the 23
opinion of the Committee, is relevant to the investigation 24
and is specified in the notice, 25
(b) produce, in accordance with directions in the notice, such 26
records as, in the opinion of the Committee, are relevant to 27
the investigation and permit examination of the records, 28
the taking of extracts from them and the making of copies 29
of them, 30
(c) authorise a person described in the notice to comply with a 31
requirement of the kind referred to in paragraph (a) or (b), 32
(d) furnish to the Committee such authorisations and consents 33
as the Committee requires for the purpose of enabling the 34
Committee to obtain information (including financial and 35
other confidential information) from other persons 36
concerning the person under investigation. 37
Page 18
Racing Legislation Amendment Bill 2009
Amendment of other Acts and Regulations Schedule 3
(5) A person who complies with a requirement of a notice under 1
subsection (4) does not on that account incur a liability to another 2
person. 3
(6) A person must not fail to comply with a requirement of the IA 4
Committee contained in a notice under subsection (4). 5
Maximum penalty (subsection (6)): 20 penalty units. 6
23B Action after investigation of complaint 7
(1) The IA Committee must provide a report in writing of the results 8
of the investigation of a complaint to Racing NSW and the 9
Minister if satisfied that those results indicate that there has been 10
a contravention of this or any other Act in relation to the conduct 11
of horse racing or a contravention of the code of conduct adopted 12
by Racing NSW under section 11A. 13
(2) If such a report identifies any racing official in an adverse 14
manner, the IA Committee must also give a copy of the report to 15
the racing official. 16
(3) The IA Committee must inform the person who made the 17
complaint of whether a report has been made under this section 18
or whether the Committee considers that the complaint does not 19
warrant such a report being made. 20
3.16 Totalizator Act 1997 No 45 21
[1] Section 105 Secrecy 22
Omit "the Greyhound and Harness Racing Regulatory Authority," from 23
section 105 (2) (c). 24
[2] Schedule 2 Savings, transitional and other provisions 25
Omit "the Greyhound and Harness Racing Regulatory Authority," from clause 26
11 (5) (e). 27
Page 19
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